Good Faith in English Law PDF Download

Author: J. F. O'Connor
Publisher: Dartmouth Publishing Company
ISBN: 9781855210172
Category : Law
Languages : en
Pages : 148

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Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545

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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author: Roger Brownsword
Publisher: Dartmouth Publishing Company
ISBN:
Category : Buena fe (Derecho)
Languages : en
Pages : 344

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Book Description
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.

Author: Reinhard Zimmermann
Publisher: Cambridge University Press
ISBN: 9780521771900
Category : Law
Languages : en
Pages : 762

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Book Description
For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Author: ADM Forte
Publisher: Bloomsbury Publishing
ISBN: 1847310567
Category : Law
Languages : en
Pages : 240

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Book Description
Good faith is already a familiar concept in international commercial law and a recognised principle of substantive law in several major legal systems. In the United Kingdom,however, a role for good faith and, more fundamentally, the issue of whether or not there ought to be a general principle of good faith informing English and Scots contract and property law, are still matters for debate. This book, containing the papers delivered at the Symposium on Good Faith in Contract and Property Law held in Aberdeen University in October 1998, engages in that critical debate. While its central core reflects on good faith from the perspective of a mixed legal system (Scots Law), papers on good faith from an English and European perspective locate the debate, properly, within a broader jurisdictional context.

Author: Edward Allan Farnsworth
Publisher:
ISBN:
Category : Good faith (Law)
Languages : en
Pages : 26

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Author: Vito Breda
Publisher: Cambridge University Press
ISBN: 1108577172
Category : Law
Languages : en
Pages :

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This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

Author: Steven J. Burton
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 504

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Author: J. Beatson
Publisher:
ISBN:
Category : Breach of contract
Languages : en
Pages : 592

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Book Description
This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.

Author: Nadiia Kudriashova
Publisher: GRIN Verlag
ISBN: 366890765X
Category : Law
Languages : en
Pages : 52

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Book Description
Diploma Thesis from the year 2016 in the subject Law - European and International Law, Intellectual Properties, grade: MA, Columbia International University, language: English, abstract: The second half of the 20th century was characterized by a worldwide trend in the development of foreign economic trade relations, and, as a consequence, the complication of the legal regulation of market relations in various international contracts: commercial, financial or cross-border provision of services. In the context of globalization, which covered all spheres of society's life, the content of international trade turnover is changing. Its modern distinctive features are the following: the expansion of trade items (apart from the traditional trade in goods, also trade in services, intellectual property, capital is increasingly taking place); the emergence of new types of contracts (factoring, franchising, etc.); strengthening the role of universal international treaties on trade, services, intellectual property; the emergence of new world markets for currency and capital; stepping up of the activities of international economic organizations; introduction of new information technologies into the trade. The indicator of growth in international trade turnover is also the growth in exports. The rapid growth of the modern world economy, the rapid development of economic and scientific and technical cooperation between different countries lead to the fact that “the world economy increasingly acquires the features of a single organism beyond which no state of the world can function properly”